TNAG-0870-FCO40-1080-Air-services-between-Hong-Kong-and-the-UK-1979 — Page 88

would override the provisions of the Act. Further, that directions under section 4(3) relate to "a particular thing" being done or refrained from seems to me to suggest that Parliament envisaged the possibility of directions being given the purposes of one particular application to the CAA.

7.

I am also uncertain whether extension of the CAA's jurisdiction by Order in Council under section 66 of the 1971 Act would itself lead to modification of the definition of "British airline", even were such extension a practical possibility The law applying to the CAA in the United Kingdom would remain as it is at present. Thus I doubt whether It seems therefore that a direction would still be necessary.

it would be useful for me to take this idea up with the Department of Trade solicitors at present.

;

8. More generally, I do not now think it would be useful to go over the ground with the Department of Trade solicitors since they have already advised their Secretary of State and he has acted on their advice. There would be the additional points that have been raised and even were there any real prospect of a change in the policy enunciated by the Secretary of State for Trade, it seems unlikely that there would be sufficient support for the matter to be referred to Treasury Counsel or the Law Officers. In view of the doubts raised, and the track record of the Department of Trade in recent aviation cases that have come before the English courts, I think the Law Officers could be expected to advise taking a cautious view of the powers in the 1971 Act. I have also discovered that a Civil Aviation Bill is being prepared and I suspect that the view might well be taken that if there are doubts as to the powers or as to the value of the definition of "British airline". in the 1971 Act, it would be safer to use the legislative opportunity now available rather than the ministerial

་།།་་ power to direct.

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